No. 5230.

130 Ariz. 185 (1981)

635 P.2d 170

STATE of Arizona, Appellee, v. Joe Lowell McELYEA, Jr., Appellant.

Supreme Court of Arizona, En Banc.

October 1, 1981.

Attorney(s) appearing for the Case

Robert K. Corbin, Atty. Gen. by William J. Schafer, III, and Diane M. Ramsey, Asst. Attys. Gen., Phoenix, for appellee.

Ross P. Lee, Maricopa County Public Defender by James R. Hart, III, Deputy Public Defender, Phoenix, for appellant.

HAYS, Justice.

The appellant, Joe Lowell McElyea, Jr., was charged in two separate indictments. The first indictment included a number of counts. The second indictment contained two counts of forgery of a credit card. The trial for forgery of a credit card resulted in a mistrial because the jury was unable to reach a unanimous verdict. In the trial for burglary in the third degree and theft, the jury found appellant guilty of burglary. On the date set for a new trial...

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